2012 Labor Law ~ Apo Chemical Menufacturing and Chengv. Bides, GR. No. 186002, September G.R. No. 186002 : September 19, 2012 APO CHEMICAL MANUFACTURING CORPORATION and MICHAEL CHENG, Petitioners, v. RONALDO A. BIDES, Respondent. MENDOZA, J. FACTS: Ronaldo Bidas (Sides) was an employes of Apo Chemical Manufacturing Corporation (ACMC) for eleven (11) years. Matthaw Cheng (Matthew), the plant manager of ACMC, sont a vritten memorandum requiring Sides to explain his refusal to sign the disciplinary form In connection with his alleged infractions of loitering in the comfort room for about five () to eight (8) minutes, two (2) to three (3) tumes a day, on March 5, 6, 7, 8, 9 and 10, 2003 under pain of revocation of his housing privileges. Bides explained that urinating, as he was “nababalisavrsaw” at the bme, was not an infraction Allagedly, Matthew confronted Bidas and prohibited him from working the following day as he would be terminated from the ACMC. ‘Thus, Bides filed a complaint for illegal dismissal against ACMC. ‘The LA ruled that sides was legally dismissed. Tha NLRC reversed the Li's decision. The CA affirmed with modification the NLAC’s decision. The CA ruled that there was no illegal dismissal but ordered ACMC to pay Bides separation pay in lieu of reinstatement, taking into account the strainad relations between the parties: ISSUE: Whether ctrained relations ewict between ACMC and Bidas to bar the latter's rcinstatemant and justify the award of ceparation pay? HELD: The Court finds no marit in the petition. LABOR LAW: doctrine of strained relations ‘The Court is well aware that reinstatement is the rule and, for the exception of "strained relations” to apply, it should be proved that it is Ukely that, if reinstated, an atmosphere of antipathy and antagonism would be generated as to adversely affect the efficiency and productivity of the employee concerned. Under the doctrine of strained relations, the payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. On one hand, such payment liberates the employse from what could be a highly oppressive work environment. On the other hand, it releases the employer from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust. Moreover, the doctrine of strained relations has been made applicable to cases where the employee decides not to be reinstated and demands far separation pay. 1h the present case, fides has consistently maintained, from the proceedings in the LA up to the CA, his refusal to be reinstated due to his fear of reprisal which he could experiance as a consequence of his retum. By doing 0, Bides unequivocally foreclosed reingtatement as 2 relief. Petition is DENTED.